(A) The subdivider, his contractors, and suppliers shall be jointly and severally responsible that existing improvements and the property of the village are not damaged or rendered less useful or unsightly by the operations of the subdivider, his contractors, or suppliers. This provision is intended to include damage or nuisance with respect to the land, improvements, or landscaping of the village, damage to existing streets, sidewalks, curb and gutter, parkways by passage thereover of equipment or trucks or by excavation for any purpose; the spillage or tracking of earth, sand, or rock onto existing streets, sidewalks, curb, and gutter or parkways; the washing by storm water of earth or sand onto streets, sidewalks, curb and gutter, or parkways or into catch basins; damage of water mains, sanitary sewers, culverts, or storm sewers.
(B) To reduce or localize the possibility of damage to streets by heavy trucking, the President of the Board of Trustees shall instruct the subdivider as to the streets to be used for access to the subdivision by equipment and trucks and the subdivider shall be responsible for enforcement these instructions upon his contractors and their suppliers. The subdivider shall make provisions to prevent washing of earth or sand onto sidewalks, curb, and gutter and onto catch basins by storm water.
(C) Where deemed advisable, the President of the Board of Trustees shall have the power to require, either prior to commencement of construction or after construction is in process, that the subdivider post a surety to guarantee repair of damages or abatement of nuisance. Where need for surety becomes apparent after construction is in process, the President of the Board of Trustees shall have the power to order construction discontinued until surety has been posted. Expenses incurred by the village in repairing damages, cleaning streets, catch basins and sewers shall be deducted from the surety.
('70 Code, § 8.1.20Q.) (Ord. 79-08, passed 11-26-79)